B.A. No.1983 of 2024

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` TUESDAY, THE 19[TH] DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 ``` ``` BAIL APPL. NO. 1983 OF 2024 ``` ``` CRIME NO.156/2024 OF PATTAMBI POLICE STATION, PALAKKAD ``` ## **`PETITIONERS/ACCUSED:`** - **`1 MUHAMMED FAISAL, AGED 36 YEARS`** - **`S/O.UMMER, APPAMKANDATHIL HOUSE, PATTAMBI POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679303`** - **`2 MUHAMMED SHIHAB, AGED 42 YEARS`** - **`S/O.MUHAMMED, THATTARAKUNNATH HOUSE, KIZHAYUR POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679303`** - **`3 MUHAMMED SHAFIK, AGED 34 YEARS`** - **`S/O.SHAMSUDHEEN, KANDENKATTIL HOUSE, PATTAMBI POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679303`** - **`4 SALIL SALAM, AGED 26 YEARS`** - **`S/O.ABDUL SALAM, VAZHIYIL HOUSE, PATTAMBI POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679303`** - **`5 ASHIF A.P. AGED 27 YEARS S/O.AKBAR, AKKAPARAMBIL HOUSE, PATTAMBI POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679303`** - **`6 ABDUL SAMAD, AGED 20 YEARS`** - **`S/O.ABDUL SALAM, MANGATTAYIL HOUSE, PATTAMBI POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679303`** ## **`7 SUHAS, AGED 30 YEARS`** - **`S/O.BHASHEER, KUNNATHETHIL HOUSE, KIZHAYUR POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679303`** ``` 2 ``` ## **B.A. No.1983 of 2024** ``` BY ADVS. R.SREEHARI HAMZA A.V. APARNA M.P. VIGNESH S. ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031`** - **`2 STATION HOUSE OFFICER, PATTAMBI POLICE STATION, MAIN ROAD, PATTAMBI POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN – 679303`** - **`SR. PUBLIC PROSECUTOR SMT. SEETHA S.`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` - **`19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:`** **B.A. No.1983 of 2024** ``` 3 ``` ## **Dated this the 19[th] day of March, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the accused 1 to 7 in Crime No.156/2024 of the Pattambi Police Station, Palakkad, registered against the accused (fifteen in number), for allegedly committing the offences punishable under Secs. 143, 147, 148, 324, 332 and 353 r/w Section 149 of the Indian Penal Code. The petitioners were arrested on 4.3.2024. 2. The crux of the prosecution allegation is that: on 3.3.2024 at around 21.30 hours, the accused in prosecution of their common intention, armed with deadly weapons like iron stick, granite stones and chilly ## **B.A. No.1983 of 2024** ``` 4 ``` powder etc., had fought with each other during a procession in connection with a Festival at Pattambi. When the de facto complainant, the police officer on festival duty, attempted to stop the accused from fighting, the accused threw a stone at the de facto complainant and he suffered an injury on his nose, which deterred him from discharging his official duty. Thus, the accused have committed the above offences. 3. Heard; Sri.R.Sreehari, the learned counsel appearing for the petitioners and Smt. Seetha S, the learned Senior Public Prosecutor. 4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations levelled against them. They have been falsely implicated in the crime. Sections 353 and 332 of IPC have been deliberately incorporated by the Investigating Officer, solely for the purpose of denying bail to the ``` 5 ``` ## **B.A. No.1983 of 2024** petitioners. In any given case, the petitioners have been in judicial custody since 4.3.2024, the investigation in the case is practically complete and recovery has been effected. Therefore, the petitioner’s further detention is unnecessary. Hence, the application may be allowed. 5. The learned Public Prosecutor seriously opposed the application. She submitted that the police officer had suffered injuries on his nose. She made available the accident register cum wound certificate issued by the Sevana Hospital & Research Centre, Pattambi dated 4.3.2024, to substantiate her assertions. She submitted that the investigation is in progress. If the petitioners are released on bail, it would hamper with the investigation. Hence, the application may be dismissed. 6. On an evaluation of the facts, the rival submissions made across the Bar, and the materials placed on record, especially taking into account the fact ``` 6 ``` ## **B.A. No.1983 of 2024** that the petitioners have been in judicial custody since 4.3.2024, the investigation in the case is practically complete, and recovery has been effected, I am of the definite view that the petitioners’ further detention is unnecessary. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioners to be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. They shall also appear before the Investigating Officer as and when required; ``` 7 ``` ## **B.A. No.1983 of 2024** (ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioners shall not commit any offence while they are on bail; (iv) The petitioners shall surrender their passport, if any, before the court below at the time of execution of the bond. If an they have no passport, they shall file affidavit to the effect before the court below on the date of execution of the bond; (v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in ``` 8 ``` ## **B.A. No.1983 of 2024** accordance with law. (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (vii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]. ``` SD/- ``` **C.S.DIAS, JUDGE** rmm19/3/2024